Knowing how to proceed after a workplace injury can feel overwhelming and confusing. Pursuing a construction accident claim requires keeping track of several important deadlines to make sure your rights stay protected. A New York construction accident lawyer can help you submit all documentation correctly and on time, though it is still important to understand the basic steps involved.
Below, the Wohlgemuth Law Firm PLLC provides a step-by-step guide on making a construction accident claim in New York through the Workers’ Compensation Board. If you need assistance with your case, consider consulting a construction accident lawyer in New York.
1. Report the Incident to Your Employer
In 2023, there were 2.6 million reported workplace injury and illness cases in private sector industries. If you experience such an injury, you must report it to your employer as soon as possible, ideally right after the accident occurs. You should request a copy of their report, and you can give this copy to your New York construction accident lawyer.
2. Document the Scene
After reporting the accident, it is important to document the scene thoroughly. Take clear photographs of the area, equipment, and any conditions that may have contributed to the accident. If possible, collect contact information from any witnesses.
3. Seek Medical Attention
After the accident, seek medical care immediately for any severe injuries. For less urgent injuries, visit a doctor approved by the Workers’ Compensation Board.
A proper medical exam protects your well-being and also provides an official record of the injuries you sustained. Even if injuries seem minor at first, it is wise to be evaluated, as some conditions may worsen over time.
4. Notify Your Employer of Your Intent To File
You must formally notify your employer that you intend to file a workers’ compensation claim. In New York, this notification should generally be made within 30 days of the accident to ensure your claim is valid. Providing timely notice helps protect your legal rights and allows your employer to begin the internal reporting process.
5. Submit Your Claim to the New York Workers’ Compensation Board
Making your claim with the New York Workers’ Compensation Board involves completing the C-3 Employee Claim form and submitting it along with any supporting documentation.
In 2024, over 9 million claims were sent to the Workers’ Compensation Board, highlighting why early action may be beneficial in preventing delays to your construction injury case. A New York construction accident lawyer can walk you through the process of submitting all of the required documentation.
6. Visit an Approved Workers’ Compensation Provider
Even if you have already sought treatment from another doctor or an emergency room, the Board may require an evaluation by an approved provider to verify your injuries and determine the appropriate care.
Governor Kathy Hochul recently signed new legislation that effectively adds 20,000+ providers to the approved Workers’ Comp network, improving treatment access to injured workers.
7. Consult a Construction Accident Lawyer in New York for Support With Third-Party Claims
Working with a New York construction accident lawyer can guide you through your legal options, including potential claims beyond Workers’ Compensation. They can evaluate whether you may have grounds for a third-party lawsuit against equipment manufacturers, contractors, or property owners.
Are You Looking for a Construction Accident Lawyer in New York?
If you’re looking for a New York construction accident lawyer to represent your case, you’ve come to the right place. From understanding New York slip-and-fall lawsuits to workplace safety regulations, we’re prepared to guide you through any construction accident topic. Call the Wohlgemuth Law Firm PLLC today at (718) 474-9100 to schedule your consultation.
FAQs Answered by a Construction Accident Attorney in New York
Find answers to common questions below:
How Long Does the Accident Investigation Process Take for Workers’ Compensation Benefits?
Under New York law, once the insurer receives the employer’s first report of injury, it typically must provide you with a written Statement of Rights within 14 days and, if lost time exceeds seven days, begin paying benefits within 18 days.
Does Workers’ Compensation Bar You From Filing a Third-Party Liability Lawsuit?
No, receiving workers’ compensation benefits does not prevent you from suing a third party whose negligence caused your injury. You are typically barred from suing your employer.
Do You Have To Notify Your Employer After a Construction Site Injury?
Yes, you must notify your employer promptly, usually within 30 days, to preserve your right to workers’ compensation benefits. A New York construction accident lawyer can represent you as you proceed through these steps.
